Sexual Offences Act 2003

[F1 99 Sections 97 and 98: relevant offences U.K.

[F2 (1) “Relevant offence” in sections 97 and 98 means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom.

(2) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) however it is described in that law.

(3) Subject to subsection (4), on an application for a notification order the condition in subsection (1)(b) is to be taken as met unless, not later than rules of court may provide, the [F3 person in respect of whom the order is sought] serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b) showing his grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(4) The court, if it thinks fit, may permit the [F4 person in respect of whom the order is sought] to require the applicant to prove that the condition is met without service of a notice under subsection (3).]]

Textual Amendments

F1 Ss. 97-101 repealed (N.I.) (24.6.2014) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 4(3), 15(2)(c)(e), Sch. 4 Pt. 1 (with s. 4(4)); S.R. 2014/179, art. 2(b)

F2 Ss. 97-103 omitted (E.W.) (29.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 169(5), 208(1) (with s. 169(7)(8)); S.I. 2022/1227, reg. 3(b)

F3 Words in s. 99(3) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(4), 208(1); S.I. 2022/1227, reg. 3(c)

F4 Words in s. 99(4) substituted (S.) (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 170(4), 208(1); S.I. 2022/1227, reg. 3(c)